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OECD Journal: Competition Law and Policy

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This journal draws on the best of the recent work done for and by the OECD Committee on Competition Law and Policy. Its articles provide insight into the thinking a competition law enforcers, and focus on the practical application of competition law and policy. Here’s what Robert Pitofsky, Chairman of the US Federal Trade Commission said about this new journal when it was launched: “Global competition is the wave of the future, and comparative analysis of the laws and practices of various members of the worldwide community of nations is a necessary corollary. This new OECD Journal of Competition Law and Policy, compiled from OECD Round Table discussions, summaries of recent developments, and articles on topics of special interest, will introduce regulators, practitioners, and scholars to different regulatory approaches around the world and will allow us to consider in a more informed way the strengths and weaknesses of our own systems.”

Country Review: El Salvador

The OECD has been active in promoting competition policy among countries in Latin America and the Caribbean and formed a partnership with the Inter-American Development Bank to further this aim. The principal feature of this partnership has been the annual Latin American Competition Forum (LACF), at which senior officials from countries in the region discuss, in roundtable fashion, issues of competition policy of interest to them. Each of the first four Forums featured a peer review of one country in the region. At the fifth Forum held in 2007, work focused on the four Latin American peer review reports which had been produced in the framework of the Latin American Competition Forum (Brazil, Chile, Peru and Argentina) as well as the peer review of Mexico held in the OECD Competition Committee. This work assessed the impact that the peer reviews have had on competition policy and on the competition agencies in the countries concerned. “Peer review” is a core element of OECD work. The mechanisms of peer review vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other members of the international community. This process provides valuable insights to the reviewed country and promotes transparency and mutual understanding for the benefit of all.There is an emerging consensus on best practices in competition law enforcement and in applying competition policy principles to regulatory systems. Countries now co-operate regularly in such areas as anticartel enforcement and international mergers. Peer reviews are an important part of this process. The OECD and the IDB are pleased to have participated in this partnership for the promotion of competition policy in Latin America and the Caribbean. This work is consistent with the policies and goals of both organisations. Sound competition policy will promote economic growth and prosperity, bringing benefits to consumers in the region and substantially improving the business climate. Both organisations would like to thank the Government of El Salvador for volunteering to be peer reviewed at the sixth LACF meeting, held in Panama, on 10-11 September 2008. Finally, we want to thank Mr. John Clark, the author of the report, and the many competition officials whose written and oral contributions to the Forum have been so important to its success.